Divorce can be a lengthy process, and during that time, important issues such as finances, child custody, and daily living arrangements often need immediate attention. This is where temporary orders come in. Temporary orders are issued by the court to address urgent matters while the divorce is pending, providing stability and structure until a final resolution is reached. Here’s a closer look at how temporary orders work, when they’re a good idea, and how courts decide.
What Are Temporary Orders?
Temporary orders are court-issued rulings that address critical issues during a divorce, including:
Child Custody and Parenting Time: Determining which parent will have custody of the children and outlining a visitation schedule.
Child Support: Establishing financial support for the children to cover their needs during the divorce process.
Spousal Support: Providing financial support to a lower-earning or non-earning spouse.
Use of Marital Assets: Deciding who will stay in the marital home or who will have access to vehicles, bank accounts, or other shared property.
Payment of Expenses: Addressing responsibilities for bills, mortgages, or other debts.
These orders are temporary and remain in effect until the divorce is finalized or further court action is taken.
When Are Temporary Orders a Good Idea?
Temporary orders are particularly beneficial in situations where:
There Is Financial Uncertainty:
If one spouse is financially dependent on the other, temporary spousal or child support can ensure they have the means to meet daily expenses during the divorce.
There Are Disputes About Custody or Parenting Time:
Temporary orders can provide clarity and structure for parenting time to minimize conflict and ensure the children’s stability.
Housing and Asset Use Are Contested:
If both spouses want to stay in the marital home or there are disagreements about shared property, temporary orders can establish temporary use and prevent disputes from escalating.
Domestic Violence or Abuse Is a Concern:
Temporary orders can include restraining provisions or exclusive use of the marital home to protect the safety of a spouse or children.
How Does the Court Decide on Temporary Orders?
Ohio courts consider several factors when deciding temporary orders, always prioritizing the best interests of the children in custody and support matters. Key considerations include:
Financial Resources: Each spouse’s income, expenses, and ability to support themselves and the children.
Current Living Arrangements: The status quo regarding housing, childcare, and parenting roles.
The Needs of the Children: Stability in school, extracurricular activities, and overall well-being.
Health and Safety: Any concerns about domestic violence, neglect, or abuse.
Evidence Presented: Affidavits, financial documents, and other evidence submitted with the motion for temporary orders.
Temporary orders are typically decided through written motions and affidavits. However, the court may schedule a hearing if there are disputes or complex issues to resolve.
How to Request Temporary Orders
To obtain temporary orders, one spouse must file a motion for temporary orders with the court. This motion should clearly outline the relief being requested and include supporting evidence, such as financial statements or documentation of the children’s needs.
The other spouse has the opportunity to respond, and the court will issue the orders based on the information provided. In some cases, a hearing may be required to address contested issues.
Conclusion
Temporary orders are a powerful tool to provide stability and address urgent needs during a divorce. Whether you need financial support, custody arrangements, or clarity on asset use, these orders can help reduce uncertainty and conflict while the divorce process unfolds. If you believe temporary orders are necessary in your divorce, consulting an experienced family law attorney is essential to present a strong case and protect your interests. Contact Gavvl Law today for guidance on your temporary order needs.
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